House & Apartment

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A landlord must give a tenant a written Notice to Terminate Tenancy ("eviction notice") before starting an eviction case in court. There are different types of notices that a landlord must give a tenant, depending on each case. Eviction notices do not have to be notarized, and they are not served by the sheriff. You can find eviction notices on the Illinois Courts website.

5-day notice (non-payment of rent)

If the tenant doesn't pay the rent on time, the landlord can give them a 5-day written notice. In Evanston, it's different: The landlord must give the tenant a 10-day written notice for non-payment of rent.

A 5-day notice must include:

• Date of notice,
• Address of property and unit number (if any),
• Date lease will end (more than 5 days after the date of the notice),
• Amount owed (not including costs and fees), and
• That the tenant has 5 days to pay in full.

If the tenant pays within the 5 days, the landlord must take the money. If the tenant does not pay the rent within those 5 days, the landlord can file an eviction case in court.

In Chicago, the tenant can even pay the rent after the 5 days is up and stay in the unit, as long as the landlord accepts the rent.

​The notice should say "Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment." Otherwise, the tenant can pay part of the rent within the 5 days and stay in the unit.

Right to pay and stay in Chicago and suburban Cook County

In Chicago, most tenants have a one-time chance to repay the landlord after the 5-day notice. If the tenant pays the full amount of rent owed plus any filing fees the landlord has paid, then any eviction case that has been filed must be dropped. This right does not apply to owner-occupied dwellings with 6 units or less.

In suburban Cook County, most tenants have a one-time right to pay and stay. Prior to the issuance of an eviction order, a tenant can pay the following to the landlord:

• Unpaid rent,
• Filing fees and costs paid by the landlord (not including attorney fees), and
• Costs for service of process.

If the tenant pays the full amount, then any eviction case that has been filed must be dropped. This right does not apply to owner-occupied dwellings with 6 or fewer units. It also does not cover Evanston and Mount Prospect.

10-day notice (lease violation)

If the tenant breaks a rule in the lease, the landlord can serve the tenant with a 10-day written notice.

A 10-day notice must include:

• Date of notice,
• Address of property and unit number (if any),
• Date lease will end (more than 10 days after the date of notice), and
• The rule in the lease that was broken.

Example: A lease says no pets are allowed, and the tenant gets a pet. Once the landlord serves the tenant with the 10-day notice, they would have to move out within 10 days.

In Chicago and suburban Cook County, if the tenant fixes the problem within the 10 days, they can stay in the unit. This right does not apply to criminal conduct. If the notice alleges criminal conduct, there is no right to "cure," or fix, the violation.

30-day notice (month-to-month lease or non-renewal of a yearly lease)

If the lease is a month-to-month lease, the landlord can end it by serving a notice to the tenant without giving any reason. If the lease is an annual lease, the landlord must notify the tenant before the end of the lease period that they do not intend to renew the lease for another year. These notices are sometimes called "non-renewal" notices or "no-cause" lease termination notices.

The notice must include:

• Date of notice,
• Address of property and unit number (if any), and
• Date lease will end (must be last day of lease period, so if rent is due on the 1st, the lease must end on the last day of the month).

In Chicago, the amount of notice the landlord is required to give depends on how long the tenant has lived there.

• Less than six months: 30 days notice is required.
• More than six months but less than 3 years: 60 days notice is required.
• Over 3 years: 120 days notice is required.

If a landlord gives the tenant a shorter time period than is required, the notice starts from the day the tenant receives it but extends to the correct number of days. These notice requirements apply to all Chicago properties.

In suburban Cook County, most landlords must notify the tenant at least 60 days prior to the termination date. If the landlord does not give the required notice the tenant can stay for 120 days.

In Oak Park, the landlord must notify the tenant at least 60 days prior to the termination date. If the landlord does not give the required notice the tenant can stay for 120 days.

In Evanston, the landlord must notify the tenant at least 30 days prior to the termination date. If the landlord does not give the required notice, the tenant can stay for 2 months.

The terms of the lease remain in effect during the time period between when the landlord gives the tenant a nonrenewal notice and the end of that notice period. The tenant should still pay rent and the landlord should continue to maintain the rental unit. If the landlord accepts rent from the tenant after the time period outlined in the non-renewal notice expires, the landlord must serve a new notice to end the lease.

Oral leases

Even if your lease is not written down, it still exists. It is called an "oral lease."

Most oral leases are month-to-month (see above). But they could be week-to-week, or some other time period. If you think your lease is not month-to-month, you may want to speak with a lawyer.